Superior Dispatch, Inc. (Superior) transported goods over short distances. Its application for insurance stated that it hauled produce, food goods and canned foods, beer/wine, textiles, and paper products. It gave the percentage of each item, which totaled 100 percent. Insurance Corporation of New York (Inscorp) issued an insurance policy covering damage to cargo in transit. A provision of the policy stated that it was void if the insured misrepresented any material fact. While Superior hauled a dump truck, the cab of the truck struck an overpass and was damaged. Superior filed a claim for the value of the truck with Inscorp, which denied the claim. Superior sued. Inscorp claimed that the superior’s failure to list motor vehicles as a commodity hauled was a material misrepresentation. Was it?

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